I screwed up it's actually November 24th. They would not be going to the court before the 24th because there's a very good chance there will be a quorum on that date. Even in the last 14DFAN the 13d said to vote on the company proxy but vote against the share increase and abstain on the BOD. Which of course some of the 13d want to block the share increase at any cost to try to push their IncellDX plan. If they don't vote the company proxy then their non-voting lessens the chance they can block it.